Toleration and the ConstitutionOxford University Press, 1986 - 348 páginas Why have the issues of religious liberty, free speech and constitutional privacy come to figure so prominently in our society? What are the origins of the basic principles of our constitutional law? This work develops a general theory of constitutional interpretation based on an original synthesis of political theory, history, law, and a larger approach to the interpretation of culture. In fusing these myriad components, Professor Richards argues against the notion of "interpretivism"--the view that constitutional interpretation is concerned exclusively with the text of the Constitution and the views of its authors--and contends that the best political theory is one in which courts are permitted use contractarian theory to decide about individual rights that are immunized from majoritarian control. Presenting both historical and theoretical arguments in support of a theory that affirms the moral sovereignty of the people, Richards maintains that toleration, or respect for conscience and individual freedom, is the central constitutional ideal. He discusses such current topics of constitutional controversy as church-state relations, the scope of free speech, and the application of the constitutional right to privacy to abortion and consensual adult sexual relations. |
Índice
A Comparative | 3 |
CONSTITUTIONAL PRIVACY | 16 |
Legal Interpretation and Historiography | 20 |
Direitos de autor | |
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abstract action acts aims Amendment American antiestablishment appeal application argu argument background basic Bayle belief Bible capacities central chapter Christianity claims clause conception concern consistent constitutional constitutional interpretation constitutional law constitutionally context contractarian controversy conventions Court criminal critical culture democratic discussion elaboration equal respect essential establishment ethical example experience expression fact free exercise free speech freedom give ground harm historical human idea ideals independence integrity interests interpretation issue Jefferson judgments judicial jurisprudence justice justify kind liberty limited lives Locke Locke's Madison meaning ment moral powers motivated natural neutral Origins persons philosophy political theory practical Press principles protection question rational and reasonable rationality reason reflect religion religion clauses religious requires right to conscience role schools scope sense sexual social suggests thought tion toleration tradition understanding United universal utilitarian values violation weight
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Affirmative Action and Justice: A Philosophical and Constitutional Inquiry Michel Rosenfeld Pré-visualização limitada - 1991 |
Equality for Same-Sex Couples: The Legal Recognition of Gay Partnerships in ... Yuval Merin Pré-visualização limitada - 2010 |